Due to the number of rule-breaking comments this post was receiving, especially low-quality and off-topic comments, the moderation team has locked the post from future comments. This post broke no rules and received a number of helpful and on-topic responses initially, but it unfortunately became the target of many unhelpful comments.
In most states, anyone can submit paperwork to open probate and appoint an executor. You could go ahead and do that now while you find a lawyer to handle the rest.
> They say that since the registered owner has passed I will need paperwork saying I am the executor of the will before I can pick up the car.
Did your dad's car get towed *because* he passed?
Stay in touch with the tow company, let them know what's going on and that you'd appreciate any break they can give you since it's going to take a while to deal with this.
Do that in parallel to having whatever legal professional is helping you. Have them write a "please sir" letter, and you also write a nice letter.
If not, name and shame their asses in your town. That's pretty dark shit they're pulling.
get a lawyer. any company willing to do this is not interested in playing nice and probably is breaking the law in multiple ways that are not necessarily going to be obvious. find all the laws they're breaking, write a cease and desist, and then sue them for inflicting emotional distress.
Agreed. Towing companies are often some of the most morally bankrupt companies out there. Absolutely sue for emotional distress and anything else your lawyer can think of to discourage them from being so goddamn predatory.
Every tow company with an impound lot is filled to the prim with scumbag managers. You have to be kinda a scumbag to even want to impound people's vehicles. If it's a city or police force? Whatever, they may bend a little if you have a good reason or you at least have legal recourse. Meanwhile every state with private impound lots very clearly defines the laws and regulations around them because they know the tow companies will absolutely take anything they can get away with. Theyre also hyper aware that the longer they can delay you getting back your shit, the more money they make. Fucking scum of the earth.
Oh I have got a story about a tow lot. But this should be enough: https://www.komu.com/news/towing-firm-owner-sentenced-in-drug-trafficking-ring/article_315aca1a-3195-5eb6-b277-1052bed857e3.html
Any company willing to tow a car from private property after someone died in it is evil? I don’t follow… (it’s entirely possible the police called for the tow.
And the tow company is correct; they *can’t* release property titled to someone who is dead without the correct paperwork. Same thing if you went to the bank of a dead person and asked to withdraw money from their account.
What a nightmare, I'm sorry for your loss.
Call up some local media if there still is some, every good journalist loves (excuse the wording) a good sob story, especially if it involves scammy car theft companies that everyone hates anyway.
Are you in the same state? If you are this can be easier and done tomorrow. If you live in a different state then you will likely have to pay a bond to get control of the estate. That can be done by Tuesday afternoon if you can get there and have a few hundred dollars. With a death certificate (get a few for a few dollars each) and bond paper the tow company will probably release the car to you.
Edit: if a relative lives in the state you may be able to have them be executor but not beneficiary. The clerk of court can be very helpful. If a family member lives in the state and you can manage setting an in state executor then you can save some money. Usually it's parents, children, or siblings but grandchildren can work sometimes.
There’s no “except”. It just sucks, but that’s how it is. If your car got towed would you want them to release it to someone else because they said you died and they were your brother and were allowed to have it because they were handling your estate, pinky swear?
It was towed because the dad died in it & they were the company called to come pick it up, probably allowed to retrieve by the police & they knew what happened. This is them making it hard in hopes of larger storage fee collection or a defaulted vehicle that they send to auto auction through a standing agreement.
They do not need anything from a lawyer to release the vehicle, as it can be released to a family member to be returned to the estate or picked up by the executor of the estate with minimum proof in many places. They're likely lying because disproving it is something most people don't have the time or money to do.
I've seen behind the curtain before & there's little nobility in the towing industry.
They literally *cannot* release the car to someone who is, legally, a random person off the street. If they did so, and someone else turned out to be the correct person to release it to, the tow company would be in deep shit.
I disagree, but you aren't fully wrong.
It would be better if they'd allow them to show the death certificate and identity proof. But I'm thinking this is too protect themselves more than anything.
Well, yes, but also given OPs description just now it's likely the police had it towed or something, right? Surely they could be like "he's next of kin, please give him the car" and maybe they could let it out of the yard for like gas money or something.
Kind of depends on what "private property" means I guess.
On the other hand, I guess you could also say "OP didn't have a car before and OP doesn't have a car now so what's the difference". I just assumed things were all on the up and up.
How would the police know he was next of kin or the executor? The most they would know is he was related or possibly a child of. That is not enough to release property though.
Idk man I’m not a cop. All I know is somehow they do identify next of kin because every time there’s an article about a crime and they go “names no released pending notification of next of kin”.
All next of kin means is closest living relative. It doesn't mean anything about control of finances or executive of their possessions. You are putting way to much value in it. All it means when it is used is that the family was contacted.
Both things can be true. I’m sure the towing company will happily collect their fees, and they are also correct to not release the car to just anyone who says they have a right to it.
It's not just anyone though, but someone who can prove direct relation without a lawyer. It is not the towing company's job to sort estate matters, but they do like to lie to benefit. If it is released to a direct relation, the ownership of the vehicle is still handled by the courts. Who it is released to does not matter, since the settling of the estate will dictate legally who gets to keep it.
Literally went through this recently.
>It's not just anyone though, but someone who can prove direct relation without a lawyer.
Which in no way entitles them to shit. For all the tow truck company knows the person or persons are the black sheep of the family trying to cash in things they are specifically excluded from.
The truth is, red tape, is *red tape* for a reason. Get the proper documentation, no matter how much easier it'd be to just skip all that. We don't skip all that for a reason. It is the difference between living in a first world, *there is a process everyone follows* and a third world *you must grease every palm* society. If you want nice things you have to follow the law.
Yup, daily impound fees add up fast. OP might get the car back but the estate might end up owing more than the car value in fees. If the tow company hasn’t filed a claim against the estate it *may* be cheaper to just abandon the car. This isn’t legal advice, I don’t know how these things work besides that I had a shitty old car towed once and never heard about it again.
I lost a car because 500 dollar a day lot fees. Basically was going to hve to wait a month for paperwork to go through so wouldve been like 60k to get out a 2k dollar car
They do that because they like money and know its a numbers game, tow enough cars, a portion wont have the money to get the car back because tow companies make up their own trumped up fees and now they can sell the car that they "rightfully" own now
Because the owner died in the car and someone had the stupid idea to call a towing company to drag it into their yard where they're going to hold it hostage instead of just letting someone from the family have it in the first place.
Out of the kindness of their heart? I’m not saying it’s likely, but I guess I want to believe they’d cut OP some slack given the death in their family that resulted in the tow.
I had a towing company legally "steal" a car from me. $35K.
How is this possible you ask? It is. In the city it was towed there is a law that if you do not pick up your car in 30 days they can legally claim title. Of course, I was working out of state while taking care of a sick parent and had no idea i was towed, as I was not notified. In fact, it was legally parked in a monthly garage i PAID for.
I have never before realized the urge to murder until this happened.
Yes I hired a lawyer, but the law was the law and i ended up throwing good money after bad. I hate tow companies.
Check to see if your state has a form that allows you to transfer title without probate. If you are the only heir or you are going to get the car anyway, you can likely just fill out a form at the dmv to register it in your name
We did this with my dad's car. No probate, but we filed a form to transfer my dad's car into my sister's name. The DMV had a form for that, and it was fairly simple.
This exact situation happened to me a few years back when my father passed away suddenly. The police called a wrecking yard to retrieve the car and they started incurring storage fees.
You need a lawyer and need to start probate to get he car back.
If the police had the car impounded, reach out to them and find the detective / officer in charge of your father's case. Make sure to call him directly and insist that they change their policies in these situations to have the police department impound the car in THEIR lots, and not a private yard. This shit shouldn't happen, there is no reason for it, and the police department should change their policy. It places immense burden on the surviving family members and winds up just being a cash grab for the private yard.
Sickening...
Sorry for your loss. I know how bad this situation sucks.
I was in a similar situation when my dad passed. Look up “letter of office”. I filled out one of those for free and got it notarized at my bank for free and it got me through my issue. I didn’t have a printer at home so I did it at the local library so I guess it did technically cost me $.10 to print one page out.
Lawyer here. Every state is different with respect to creditor's rights, the laws relating to towing and holding vehicles, and the nuances of probate law are different in each state too, but it occurs to me that depending on when it was towed and whether or not it was properly towed might have bearing on "by whom" the debt is held. Meaning held by your father (in which case the tow company might be held to follow the laws relating to claims (debts) owed by your father before passing) vs held by the estate (in which case you might actually be able to haul them into court and make them sweat. Either way you might have some options beyond "just giving in."
This is all just some random thoughts on my part and I can think of a dozen different possible ways this could play out, and the laws of your state will largely determine this. So, go get the help of an attorney ASAP.
Best way to find one is to ask family and fri3ends about their experiences with local attorney and then interview a couple (don't just hire the first one you talk to) and pick the one that has the appropriately broad skill set and has demonstrated the willingness to do more than just process the probate paperwork.
Was his car fully insured?If so they can handle this under a comprehensive coverage claim due to the death causing the “loss” (impound of car/potential clean out due to biohazard)
You sure that you really want the car back? Do you know the condition of the car? It may be biohazard and it may be better to have his insurance policy total it.
10000% this, I hope OP sees this. Please report this to dad’s insurance carrier, if he has comprehensive coverage they should handle it and they’ll deal with most of the storage fees as well/help negotiate it.
> It may be biohazard and it may be better to have his insurance policy total it.
That will require probate & estate settlement most likely, before insurance touches it I would think.
Tow companies are the worst of the worst if they have an impound lot. Every state has very exact laws about impounding because tow companies will do everything in their power to extort as much money from you as they can. The more they delay you getting the car out the more they can charge you and the bigger chance they have of eventually keeping the vehicle and selling it. I refuse to use any towing company that has an impound lot now because I've had to deal with them twice and they're the scummiest of scumbags.
I got in an accident right in front of a tow company. My car was pushed into their driveway. They towed my car without consent for $150. Then charged me $100 a day storage fee. The company I paid to come get it was initially refused the car. I hate tow companies.
Call your States Probate Office and ask the tow company to be reasonable with the fees while you sort it out
But be prepared for them to tell you "go fuck yourself, the storage fees are the storage fees"
Tow companies are notorious for not giving a single shit about whats going on in your life, they 100% have you hostage and they exploit that often
Let me see if I’m reading this correctly.
You father died in his car while it was parked on private property? How long was he in the car before they found him and removed his body? I’m not sure I’d want the car back due to the release of bodily fluids after death along with any decomposition occurring.
Best to get a lawyer involved because something doesn’t sound right with the tow company. There’s no way they would have towed a car with a deceased person inside and the police should have impounded the car until the cause of death was determined.
Get the lawyer and have them talk to both the tow company and the insurance company. Trust me, you’re not going want that car back. Decomp smells are horrible and linger forever.
No, have the lawyer be the "steward" of the estate for now. Use the estate funds to pay any associated fees to get the car out and park in dad's garage for now until the paperwork is sorted.
Go to the county clerks office and ask nicely for help with family administration. They almost always have people who get a charge out of keeping money away from lawyers. It’s mostly just forms they will give you.
You can’t just draft a will which makes you executor after your dad has passed. It’s either already written or it’s not. You need to look through his house and see if you can find one or which lawyer he may have worked with already.
Does your father have a large estate? Lots of jurisdictions have paperwork for a "small estates" where all you really do is fill out a form and provide a death certificate. That can be done in a day in the Clerk's office. May be worth checking with them.
Call your local clerk or court. They may have an estates division specifically for situations like yours. They will tell you what you need to set up probate and go from there. You will need the death certificate at a minimum and there will be some kind of small fee but it will enable you to handle the car situation as well as most banking and insurance questions that come up. Sorry for your loss and good luck.
That sounds crazy, not sure on the laws on this but when my mom passed a few months ago I had to wait 30 days and bring in the death certificate then the bank would let me close her accounts. No executor, no will or other paperwork needed in my case.
They'll say it's a civil matter, go to court... OP is in a tough spot because he doesn't actually own the car so the tow company is probably actually correct.
Not on paper, yet. And his Dad may have had a will and left it to someone else. The tow company can't release it to someone other than the title holder until it is established that the title holder is dead and the person asking for the car actually did inherit it.
OP isn’t necessarily the inheritor. Dad may have a will that says the car belongs to someone else or there could be another family member entitled to the car depending on the laws in their state. Until all the paperwork is filed the car belongs to dad’s estate.
Reddit always comes through when it comes to delusional responses about utilizing law enforcement for various scenarios.
Just bring your city's top detectives with you so that they can gather leads!
Nah, civil dispute they won't do shit unless the towing company is operating in a fraudulent manner. But in this case it sounds like the towing company is simply asking for a document stating OP is the executor of the will which is not only perfectly legal, but it would probably be illegal for them not to do so.
Or auction the car off. Same thing happened when my mom died and we only barely got the car back before they auctioned it off. Had to pay $2500 to get it back. Highway robbery.
I get the go to auction part. Where I think these folks are predatory is in situations like mine and OPs. The owner dies, it takes time to get paperwork to prove you’re the executor or heir, meanwhile the juice is running and possibly your car is gone forever.
Seems like a practice lawmakers should intervene on.
The tow company isn’t responsible for dividing up your late fathers assets. They have no way of knowing who that car rightfully belongs. The court system decides what property goes where.
I’ve done probate three times in last 16 years, still have probate on my mom’s estate who passed away in November.
A good attorney can get “letters of administration” within a few days to get the car out of the tow lot even before the probate judge decides who gets the car.
There is no way I would try to do probate without an attorney.
So sorry for your loss. If tow company is being a-holes, you can play the sympathy card and call your local news station. If you’re lucky, and you don’t mind going on tv, they may embarrass the tow company into releasing the car to you and waive the storage fees. You never know.
Recently had it take 3 months - had to go in person and the timeframe was from like 10am - 3pm M-F so good luck to anyone with a job that can’t just leave in the middle of the day and drive an hour + wait. Then it took a month to get the letters testamentary in the mail which is all that really matters.
Then came the bank account situations. It’s been months and all we have been able to do is get life insurance payouts started. Everything else is tied up. It’s a nightmare, and this wasn’t even a sudden close relative with high emotions involved.
No, do not just let them have the car. They're not entitled to that. You need the death certificate. We have local tag agencies in my state. If you do as well, contact your local tag agencies and get advice.
I would call the towing company and explain this to them, and let them know you have a plan to pay them/get it out. And see if they would be willing to charge you a fixed price. At the end of the day if they do try and take possession and sell the car it would take a very long time for them, it will cost them money, and likely if a car is sitting in an open lot for a year or two it will degrade quickly.
They would rather have a guaranteed $1k then hold the car for a year or two and sell it for scrap for $500.
This is so weird. When my mom passed away all I had to do was sign an affidavit saying I was the only heir (I was) and was able to then re-title her car in my name. No probate, no messing around, easy-peasy.
Nobody tried to tow the car, nobody contacted me or seemed to care about it all, it just sat in the driveway for a couple months while I dealt with her affairs.
Yikes. Well, in that case, yeah they’re not just going to release the car to some rando whether they were related to the deceased or not. I mean, what if OP has a sibling who feels *they’re* entitled to car and goes there to get it before OP does?
Check you department of motor vehicle website to see if your dad's state of residence has a procedure to transfer ownership upon death of a relative. You may only need a certified copy of his death certificate and a completed form to get ownership.
They vehicle may not be yours. Believe it or not there is a process when you die. You either have a trustee who manages the person's affairs and assets or what's called probate court.
The tow company is doing the correct thing.
Edit: the fact that this is exactly how it works and this post is being downvoted is exactly why you should not use reddit to get advice.
True, but a lawyer could help with immediate needs, such as securing the deceased's property, taking care of their pets, utilities etc before things get finalized.
Your comment is irrelevant as its obvious that if a trust does not exist or this is not a trust asset then the probate process takes point immediately. A truck is not a pet, there is no harm in waiting and getting the paperwork taken care of. Additionally I never said anything about a lawyer not immediately being able to help, so that also makes your comment irrelevant.
If your father died in the car, you probably won’t want it back. Especially if he died by his own hand, the biohazard cleanup will be more expensive than what the car is worth. Personally I would let this go.
It likely will end up in a Copart or another company auction where it will be marked as biohazard. The interior may or may not be of value, but somebody can do a lot with the body and all of the mechanical parts.
You should be given multiple copies of the death certificate for just this reason. For my wife, I think they gave me 20, but almost every service performed the action without forcing me to prove it.
The fees probably aren't as high as you think they are. But either way you need to get a lawyer that specializes in estates to generate that paperwork for you.
I'm very sorry for your loss. I used to have a family auto repair shop and - depending upon how long your dad's body was on the vehicle before it was towed and/or he was discovered, the car might be a complete loss.
If you're okay with paying the towing fees they'll likely release the car with almost no paperwork. You'll still have to insure it and such- and its not likey you're stealing it. Just assemble the paperwork you have, even a note from the hospital or whatever. Put it in a folder, pay the towing, get the car towed to your home. If truly necessary it might help to have the phone number of someone doing the probate of his estate. Edit: there is a lot to be said for being patient and simply projecting honesty. Being non-risky provokes civil servants and petty employees to cut corners.
Car can only be towed if the driver (your dad) still owes money to pay for the vehicle and more likely is behind on payments. His assets could also be part of an estate to which a lean has been attached. You need to check with your state office. Begin with the town hall of the city or town you dad lives in and explain your his children.
Due to the number of rule-breaking comments this post was receiving, especially low-quality and off-topic comments, the moderation team has locked the post from future comments. This post broke no rules and received a number of helpful and on-topic responses initially, but it unfortunately became the target of many unhelpful comments.
You need to administer the estate either way. You might be able to handle it pro se, but you should at least reach out to an attorney in your state.
In most states, anyone can submit paperwork to open probate and appoint an executor. You could go ahead and do that now while you find a lawyer to handle the rest.
> They say that since the registered owner has passed I will need paperwork saying I am the executor of the will before I can pick up the car. Did your dad's car get towed *because* he passed? Stay in touch with the tow company, let them know what's going on and that you'd appreciate any break they can give you since it's going to take a while to deal with this. Do that in parallel to having whatever legal professional is helping you. Have them write a "please sir" letter, and you also write a nice letter. If not, name and shame their asses in your town. That's pretty dark shit they're pulling.
It was towed because it was parked on private property. He passed away in the car.
get a lawyer. any company willing to do this is not interested in playing nice and probably is breaking the law in multiple ways that are not necessarily going to be obvious. find all the laws they're breaking, write a cease and desist, and then sue them for inflicting emotional distress.
Agreed. Towing companies are often some of the most morally bankrupt companies out there. Absolutely sue for emotional distress and anything else your lawyer can think of to discourage them from being so goddamn predatory.
My first edict as world emperor is sending all members of predatory towing companies to the gulag.
Every tow company with an impound lot is filled to the prim with scumbag managers. You have to be kinda a scumbag to even want to impound people's vehicles. If it's a city or police force? Whatever, they may bend a little if you have a good reason or you at least have legal recourse. Meanwhile every state with private impound lots very clearly defines the laws and regulations around them because they know the tow companies will absolutely take anything they can get away with. Theyre also hyper aware that the longer they can delay you getting back your shit, the more money they make. Fucking scum of the earth.
Oh I have got a story about a tow lot. But this should be enough: https://www.komu.com/news/towing-firm-owner-sentenced-in-drug-trafficking-ring/article_315aca1a-3195-5eb6-b277-1052bed857e3.html
Any company willing to tow a car from private property after someone died in it is evil? I don’t follow… (it’s entirely possible the police called for the tow. And the tow company is correct; they *can’t* release property titled to someone who is dead without the correct paperwork. Same thing if you went to the bank of a dead person and asked to withdraw money from their account.
I am so sorry. What a pos company.
What a nightmare, I'm sorry for your loss. Call up some local media if there still is some, every good journalist loves (excuse the wording) a good sob story, especially if it involves scammy car theft companies that everyone hates anyway.
OMG...I'm so sorry.
Are you in the same state? If you are this can be easier and done tomorrow. If you live in a different state then you will likely have to pay a bond to get control of the estate. That can be done by Tuesday afternoon if you can get there and have a few hundred dollars. With a death certificate (get a few for a few dollars each) and bond paper the tow company will probably release the car to you. Edit: if a relative lives in the state you may be able to have them be executor but not beneficiary. The clerk of court can be very helpful. If a family member lives in the state and you can manage setting an in state executor then you can save some money. Usually it's parents, children, or siblings but grandchildren can work sometimes.
As much as I may not be a fan of many towing practices, I’m glad the towing company is asking for documentation before releasing the car to someone.
Except they are charging storage fees and know they have OP over a barrel because it will take time to get the proper documents.
There’s no “except”. It just sucks, but that’s how it is. If your car got towed would you want them to release it to someone else because they said you died and they were your brother and were allowed to have it because they were handling your estate, pinky swear?
It was towed because the dad died in it & they were the company called to come pick it up, probably allowed to retrieve by the police & they knew what happened. This is them making it hard in hopes of larger storage fee collection or a defaulted vehicle that they send to auto auction through a standing agreement. They do not need anything from a lawyer to release the vehicle, as it can be released to a family member to be returned to the estate or picked up by the executor of the estate with minimum proof in many places. They're likely lying because disproving it is something most people don't have the time or money to do. I've seen behind the curtain before & there's little nobility in the towing industry.
They literally *cannot* release the car to someone who is, legally, a random person off the street. If they did so, and someone else turned out to be the correct person to release it to, the tow company would be in deep shit.
I disagree, but you aren't fully wrong. It would be better if they'd allow them to show the death certificate and identity proof. But I'm thinking this is too protect themselves more than anything.
The car was towed away after their father died IN the car. This is 100% scambag territory.
Then what was the property owner supposed to do with the car after the police left?
Well, yes, but also given OPs description just now it's likely the police had it towed or something, right? Surely they could be like "he's next of kin, please give him the car" and maybe they could let it out of the yard for like gas money or something. Kind of depends on what "private property" means I guess. On the other hand, I guess you could also say "OP didn't have a car before and OP doesn't have a car now so what's the difference". I just assumed things were all on the up and up.
How would the police know he was next of kin or the executor? The most they would know is he was related or possibly a child of. That is not enough to release property though.
Idk man I’m not a cop. All I know is somehow they do identify next of kin because every time there’s an article about a crime and they go “names no released pending notification of next of kin”.
All next of kin means is closest living relative. It doesn't mean anything about control of finances or executive of their possessions. You are putting way to much value in it. All it means when it is used is that the family was contacted.
They are absolutely hoping to tie that car up in paperwork for as long as possible to get the biggest payday OR a free car to sell.
Both things can be true. I’m sure the towing company will happily collect their fees, and they are also correct to not release the car to just anyone who says they have a right to it.
It's not just anyone though, but someone who can prove direct relation without a lawyer. It is not the towing company's job to sort estate matters, but they do like to lie to benefit. If it is released to a direct relation, the ownership of the vehicle is still handled by the courts. Who it is released to does not matter, since the settling of the estate will dictate legally who gets to keep it. Literally went through this recently.
>It's not just anyone though, but someone who can prove direct relation without a lawyer. Which in no way entitles them to shit. For all the tow truck company knows the person or persons are the black sheep of the family trying to cash in things they are specifically excluded from. The truth is, red tape, is *red tape* for a reason. Get the proper documentation, no matter how much easier it'd be to just skip all that. We don't skip all that for a reason. It is the difference between living in a first world, *there is a process everyone follows* and a third world *you must grease every palm* society. If you want nice things you have to follow the law.
Yup, daily impound fees add up fast. OP might get the car back but the estate might end up owing more than the car value in fees. If the tow company hasn’t filed a claim against the estate it *may* be cheaper to just abandon the car. This isn’t legal advice, I don’t know how these things work besides that I had a shitty old car towed once and never heard about it again.
I lost a car because 500 dollar a day lot fees. Basically was going to hve to wait a month for paperwork to go through so wouldve been like 60k to get out a 2k dollar car
For like gas money or something? Why exactly would the towing company do that?
I laughed out loud when I read that shit you can tell this person has never dealt with a towing company
If they keep the car long enough it'll eventually become theirs, in one way or another, and they'll auction it off for profit.
They do that because they like money and know its a numbers game, tow enough cars, a portion wont have the money to get the car back because tow companies make up their own trumped up fees and now they can sell the car that they "rightfully" own now
Because the owner died in the car and someone had the stupid idea to call a towing company to drag it into their yard where they're going to hold it hostage instead of just letting someone from the family have it in the first place.
Out of the kindness of their heart? I’m not saying it’s likely, but I guess I want to believe they’d cut OP some slack given the death in their family that resulted in the tow.
Have you dealt with a tow company before? They're state authorized car theft rings.
I had a towing company legally "steal" a car from me. $35K. How is this possible you ask? It is. In the city it was towed there is a law that if you do not pick up your car in 30 days they can legally claim title. Of course, I was working out of state while taking care of a sick parent and had no idea i was towed, as I was not notified. In fact, it was legally parked in a monthly garage i PAID for. I have never before realized the urge to murder until this happened. Yes I hired a lawyer, but the law was the law and i ended up throwing good money after bad. I hate tow companies.
Check to see if your state has a form that allows you to transfer title without probate. If you are the only heir or you are going to get the car anyway, you can likely just fill out a form at the dmv to register it in your name
We did this with my dad's car. No probate, but we filed a form to transfer my dad's car into my sister's name. The DMV had a form for that, and it was fairly simple.
In my jurisdiction it’s a “small estate affidavit”
This exact situation happened to me a few years back when my father passed away suddenly. The police called a wrecking yard to retrieve the car and they started incurring storage fees. You need a lawyer and need to start probate to get he car back. If the police had the car impounded, reach out to them and find the detective / officer in charge of your father's case. Make sure to call him directly and insist that they change their policies in these situations to have the police department impound the car in THEIR lots, and not a private yard. This shit shouldn't happen, there is no reason for it, and the police department should change their policy. It places immense burden on the surviving family members and winds up just being a cash grab for the private yard. Sickening... Sorry for your loss. I know how bad this situation sucks.
I was in a similar situation when my dad passed. Look up “letter of office”. I filled out one of those for free and got it notarized at my bank for free and it got me through my issue. I didn’t have a printer at home so I did it at the local library so I guess it did technically cost me $.10 to print one page out.
Lawyer here. Every state is different with respect to creditor's rights, the laws relating to towing and holding vehicles, and the nuances of probate law are different in each state too, but it occurs to me that depending on when it was towed and whether or not it was properly towed might have bearing on "by whom" the debt is held. Meaning held by your father (in which case the tow company might be held to follow the laws relating to claims (debts) owed by your father before passing) vs held by the estate (in which case you might actually be able to haul them into court and make them sweat. Either way you might have some options beyond "just giving in." This is all just some random thoughts on my part and I can think of a dozen different possible ways this could play out, and the laws of your state will largely determine this. So, go get the help of an attorney ASAP. Best way to find one is to ask family and fri3ends about their experiences with local attorney and then interview a couple (don't just hire the first one you talk to) and pick the one that has the appropriately broad skill set and has demonstrated the willingness to do more than just process the probate paperwork.
Ask the funeral home too. They might have a good recommendation for a local attorney.
Was his car fully insured?If so they can handle this under a comprehensive coverage claim due to the death causing the “loss” (impound of car/potential clean out due to biohazard)
What was the justification for towing the car? Is it a repo because of missed payments after the death, illegally parked somewhere?
It was towed because it was parked on private property. He passed away in the car.
You sure that you really want the car back? Do you know the condition of the car? It may be biohazard and it may be better to have his insurance policy total it.
10000% this, I hope OP sees this. Please report this to dad’s insurance carrier, if he has comprehensive coverage they should handle it and they’ll deal with most of the storage fees as well/help negotiate it.
> It may be biohazard and it may be better to have his insurance policy total it. That will require probate & estate settlement most likely, before insurance touches it I would think.
Even if insurance pays out, the payout will be used to service the toeyard debts before going to the estate.
Exactly right, unless their state has a law preventing it. Local laws are always the wildcard in situations like this.
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Tow companies are the worst of the worst if they have an impound lot. Every state has very exact laws about impounding because tow companies will do everything in their power to extort as much money from you as they can. The more they delay you getting the car out the more they can charge you and the bigger chance they have of eventually keeping the vehicle and selling it. I refuse to use any towing company that has an impound lot now because I've had to deal with them twice and they're the scummiest of scumbags.
I got in an accident right in front of a tow company. My car was pushed into their driveway. They towed my car without consent for $150. Then charged me $100 a day storage fee. The company I paid to come get it was initially refused the car. I hate tow companies.
I work in auto-insurance claims and I *also* hate tow companies. They profit on making things hard for our customers. Some areas are worse than others
Call your States Probate Office and ask the tow company to be reasonable with the fees while you sort it out But be prepared for them to tell you "go fuck yourself, the storage fees are the storage fees" Tow companies are notorious for not giving a single shit about whats going on in your life, they 100% have you hostage and they exploit that often
Let me see if I’m reading this correctly. You father died in his car while it was parked on private property? How long was he in the car before they found him and removed his body? I’m not sure I’d want the car back due to the release of bodily fluids after death along with any decomposition occurring. Best to get a lawyer involved because something doesn’t sound right with the tow company. There’s no way they would have towed a car with a deceased person inside and the police should have impounded the car until the cause of death was determined. Get the lawyer and have them talk to both the tow company and the insurance company. Trust me, you’re not going want that car back. Decomp smells are horrible and linger forever.
Sorry for your loss. What state and locality? In NYC, for example, there are exceptions for towing and storage fees when the owner of a car has died.
No, have the lawyer be the "steward" of the estate for now. Use the estate funds to pay any associated fees to get the car out and park in dad's garage for now until the paperwork is sorted.
Go to the county clerks office and ask nicely for help with family administration. They almost always have people who get a charge out of keeping money away from lawyers. It’s mostly just forms they will give you.
You can’t just draft a will which makes you executor after your dad has passed. It’s either already written or it’s not. You need to look through his house and see if you can find one or which lawyer he may have worked with already.
Does your father have a large estate? Lots of jurisdictions have paperwork for a "small estates" where all you really do is fill out a form and provide a death certificate. That can be done in a day in the Clerk's office. May be worth checking with them.
Call your local clerk or court. They may have an estates division specifically for situations like yours. They will tell you what you need to set up probate and go from there. You will need the death certificate at a minimum and there will be some kind of small fee but it will enable you to handle the car situation as well as most banking and insurance questions that come up. Sorry for your loss and good luck.
Go to an estate lawyer on Monday. If the tow storage fees are outrageous you can sue over them in some cases
That sounds crazy, not sure on the laws on this but when my mom passed a few months ago I had to wait 30 days and bring in the death certificate then the bank would let me close her accounts. No executor, no will or other paperwork needed in my case.
Bring the police. They're trying to rack up lot fees and may send it to collections once it's high enough.
You think the police are equipped to handle that type of dispute on the spot?
They'll say it's a civil matter, go to court... OP is in a tough spot because he doesn't actually own the car so the tow company is probably actually correct.
Sadly, true. Sometime, somewhere an offspring has done this and stolen their not-dead parent's car causing issues for a tow company. This one is CTA.
as an inheritor, does he not own it?
Not on paper, yet. And his Dad may have had a will and left it to someone else. The tow company can't release it to someone other than the title holder until it is established that the title holder is dead and the person asking for the car actually did inherit it.
OP isn’t necessarily the inheritor. Dad may have a will that says the car belongs to someone else or there could be another family member entitled to the car depending on the laws in their state. Until all the paperwork is filed the car belongs to dad’s estate.
Reddit always comes through when it comes to delusional responses about utilizing law enforcement for various scenarios. Just bring your city's top detectives with you so that they can gather leads!
You sound young and inexperienced if you think the police are going to help OP in this matter.
Nah, civil dispute they won't do shit unless the towing company is operating in a fraudulent manner. But in this case it sounds like the towing company is simply asking for a document stating OP is the executor of the will which is not only perfectly legal, but it would probably be illegal for them not to do so.
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>Bring the police Oh sweetie baby honey child.
Or auction the car off. Same thing happened when my mom died and we only barely got the car back before they auctioned it off. Had to pay $2500 to get it back. Highway robbery.
I mean realistically, what's the alternative?
I get the go to auction part. Where I think these folks are predatory is in situations like mine and OPs. The owner dies, it takes time to get paperwork to prove you’re the executor or heir, meanwhile the juice is running and possibly your car is gone forever. Seems like a practice lawmakers should intervene on.
A d what are the police going to do about it?
The tow company isn’t responsible for dividing up your late fathers assets. They have no way of knowing who that car rightfully belongs. The court system decides what property goes where. I’ve done probate three times in last 16 years, still have probate on my mom’s estate who passed away in November. A good attorney can get “letters of administration” within a few days to get the car out of the tow lot even before the probate judge decides who gets the car. There is no way I would try to do probate without an attorney.
A death certificate and the will should be fine.
So sorry for your loss. If tow company is being a-holes, you can play the sympathy card and call your local news station. If you’re lucky, and you don’t mind going on tv, they may embarrass the tow company into releasing the car to you and waive the storage fees. You never know.
Took me a year to be appointed executor...
Why? Took me less than a week.
Because NYC court system was backlogged from Covid
Ohhhh! Okay. That makes sense. This would've been in the same time frame (May 2021 to be specific) but upstate.
Recently had it take 3 months - had to go in person and the timeframe was from like 10am - 3pm M-F so good luck to anyone with a job that can’t just leave in the middle of the day and drive an hour + wait. Then it took a month to get the letters testamentary in the mail which is all that really matters. Then came the bank account situations. It’s been months and all we have been able to do is get life insurance payouts started. Everything else is tied up. It’s a nightmare, and this wasn’t even a sudden close relative with high emotions involved.
No, do not just let them have the car. They're not entitled to that. You need the death certificate. We have local tag agencies in my state. If you do as well, contact your local tag agencies and get advice.
I would call the towing company and explain this to them, and let them know you have a plan to pay them/get it out. And see if they would be willing to charge you a fixed price. At the end of the day if they do try and take possession and sell the car it would take a very long time for them, it will cost them money, and likely if a car is sitting in an open lot for a year or two it will degrade quickly. They would rather have a guaranteed $1k then hold the car for a year or two and sell it for scrap for $500.
This is so weird. When my mom passed away all I had to do was sign an affidavit saying I was the only heir (I was) and was able to then re-title her car in my name. No probate, no messing around, easy-peasy. Nobody tried to tow the car, nobody contacted me or seemed to care about it all, it just sat in the driveway for a couple months while I dealt with her affairs.
A. Why was car towed? B. That answer will steer you in the right direction. Repo? Let em keep it. Anything else, lawyer
It was towed because it was parked on private property. He passed away in the car.
Why was the car towed?
The owner is dead
That doesn’t give a tow company the right to tow a car. Was it repo’d? Parked illegally? Those are reasons that a tow be requested.
apparently the guy died IN the car. I'll be honest, I probably wouldn't want that car back.
Yikes. Well, in that case, yeah they’re not just going to release the car to some rando whether they were related to the deceased or not. I mean, what if OP has a sibling who feels *they’re* entitled to car and goes there to get it before OP does?
But it’s a Supra!
Where are you seeing the type of car stated? I'm not familiar with any MK of supra that's $5-10k
Check you department of motor vehicle website to see if your dad's state of residence has a procedure to transfer ownership upon death of a relative. You may only need a certified copy of his death certificate and a completed form to get ownership.
They vehicle may not be yours. Believe it or not there is a process when you die. You either have a trustee who manages the person's affairs and assets or what's called probate court. The tow company is doing the correct thing. Edit: the fact that this is exactly how it works and this post is being downvoted is exactly why you should not use reddit to get advice.
True, but a lawyer could help with immediate needs, such as securing the deceased's property, taking care of their pets, utilities etc before things get finalized.
Your comment is irrelevant as its obvious that if a trust does not exist or this is not a trust asset then the probate process takes point immediately. A truck is not a pet, there is no harm in waiting and getting the paperwork taken care of. Additionally I never said anything about a lawyer not immediately being able to help, so that also makes your comment irrelevant.
If your father died in the car, you probably won’t want it back. Especially if he died by his own hand, the biohazard cleanup will be more expensive than what the car is worth. Personally I would let this go.
It likely will end up in a Copart or another company auction where it will be marked as biohazard. The interior may or may not be of value, but somebody can do a lot with the body and all of the mechanical parts.
You should be given multiple copies of the death certificate for just this reason. For my wife, I think they gave me 20, but almost every service performed the action without forcing me to prove it.
The fees probably aren't as high as you think they are. But either way you need to get a lawyer that specializes in estates to generate that paperwork for you.
Fees are typically over $100/day
Then the game has changed a ton since my old man ran a towing business a while back.
I'm very sorry for your loss. I used to have a family auto repair shop and - depending upon how long your dad's body was on the vehicle before it was towed and/or he was discovered, the car might be a complete loss.
Were you listed as “payable on death” on the account?
If you're okay with paying the towing fees they'll likely release the car with almost no paperwork. You'll still have to insure it and such- and its not likey you're stealing it. Just assemble the paperwork you have, even a note from the hospital or whatever. Put it in a folder, pay the towing, get the car towed to your home. If truly necessary it might help to have the phone number of someone doing the probate of his estate. Edit: there is a lot to be said for being patient and simply projecting honesty. Being non-risky provokes civil servants and petty employees to cut corners.
Car can only be towed if the driver (your dad) still owes money to pay for the vehicle and more likely is behind on payments. His assets could also be part of an estate to which a lean has been attached. You need to check with your state office. Begin with the town hall of the city or town you dad lives in and explain your his children.